Senate Bill 2372

(As Passed the Senate)

AN ACT TO AMEND SECTION 41-85-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO ISSUE HOSPICE LICENSES TO CERTAIN APPLICANTS; TO CLARIFY THAT THE MORATORIUM ON HOSPICE LICENSURE SHALL NOT BE APPLICABLE TO ANY HOSPICE THAT HAS HAD ITS LICENSE TEMPORARILY SUSPENDED AS A RESULT OF AN AUDIT BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF INSPECTOR GENERAL (HHS-OIG), AND THE AUDIT HAS BEEN CONCLUDED WITHOUT PENALTY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-85-7, Mississippi Code of 1972, is amended as follows:

41-85-7. (1) The administration of this chapter is vested in the Mississippi Department of Health, which shall:

(a) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for licensure or renewals thereof;

(b) Collect in advance at the time of filing an application for a license or at the time of renewal of a license a fee of One Thousand Dollars ($1,000.00) for each site or location of the licensee; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65;

(c) Levy a fee of Eighteen Dollars ($18.00) per bed for the review of inpatient hospice care; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65;

(d) Conduct annual licensure inspections of all licensees which may be the same inspection as the annual Medicare certification inspection; and

(e) Promulgate applicable rules and standards in furtherance of the purpose of this chapter and may amend such rules as may be necessary. The rules shall include, but not be limited to, the following:

(i) The qualifications of professional and ancillary personnel in order to adequately furnish hospice care;

(ii) Standards for the organization and quality of patient care;

(iii) Procedures for maintaining records; and

(iv) Provision for the inpatient component of hospice care and for other professional and ancillary hospice services.

(2) All fees collected by the department under this section shall be used by the department exclusively for the purposes of licensure, regulation, inspection, investigations and discipline of hospices under this chapter.

(3) The State Department of Health shall not process any new applications for hospice licensure or issue any new hospice licenses, except renewals, * * * provided, however, that the department shall process applications for new hospice licenses filed during the period from and including the date of effectiveness of this subsection through and until July 1, 2017, and shall issue no greater than five (5) new hospice licenses in accordance with this chapter so long as the related applicant (a) at the time of filing holds one or more licenses to operate a hospice program issued pursuant to this chapter, (b) is then in good standing with the department, and (c) can show good cause for the issuance of the additional hospice license(s) for which application is made (including specifically, without limitation, the capability and capacity to provide unique or otherwise unavailable services related to serving patients under eighteen (18) years of age in the service area to which such application relates). This subsection (3) shall stand repealed on July 1, * * * ~~2018~~2020.

(4) The provisions of subsection (3) prohibiting the processing of any new applications for hospice licensure shall not be applicable to an application for license reinstatement by a hospice whose license was temporarily suspended as a result of a federal audit by the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and the audit has been concluded without any penalty imposed by the federal agency.

SECTION 2. This act shall take effect and be in force from and after its passage.